Bittenhaus v. Johnston
Wisconsin Supreme Court
Appeal from a judgment of the county court of Winnebago county: C. D. ClevelaNd, Judge. Replevin. The opinion states the facts. They argued, among other things, that ch. 221, Laws of 1895, does not constitute class legislation, but is a valid and proper exercise of the police power of the state. The state owns, or rather holds in trust for the whole people, the title to the fish in the waters and the game in its wild state.
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Appeal from a judgment of the county court of Winnebago county: C. D. ClevelaNd, Judge. Replevin. The opinion states the facts. They argued, among other things, that ch. 221, Laws of 1895, does not constitute class legislation, but is a valid and proper exercise of the police power of the state. The state owns, or rather holds in trust for the whole people, the title to the fish in the waters and the game in its wild state. When, therefore, the state makes laws with reference to game or fish or other creatures ferae naturae, it is exercising its dominion over its own property, and has the…
1Opinion of the Court
Oassoday, O. J.
This is an action of replevin, commenced August 9, 1895, before a justice of the peace in Oshkosh, to recover twelve gill nets, of the value of $60, alleged to have been unjustly taken and detained by the defendants. The defendants answered by way of denials, and justified the seizure and destruction of the nets as fish and game wardens of the. state, under ch. 221, Laws of 1895. On the trial be*593fore the justice the plaintiff proved the ownership and value of the nets, and admitted that he had placed the nets in the waters of Lake "Winnebago for the purpose of fishing, and that…
2Cases cited17 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Lawton v. SteeleSupreme Court of the United States · 1894
- Dent v. West VirginiaSupreme Court of the United States · 1889
- In Re KemmlerSupreme Court of the United States · 1890
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3Cited by41 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Harper v. GallowaySupreme Court of Florida · 1909
- State v. RedmonWisconsin Supreme Court · 1907
- State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
- State ex rel. Carnation Milk Products Co. v. EmeryWisconsin Supreme Court · 1922
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